Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
A day in the life Of...
Read on

A paternalistic approach to capacity: who ‘controls’ when someone may take their own life?

Date:1 JUN 2023
Third slide
Caroline Shields, Park Square barristers
Emily Reed, Park Square barristers

Naomi McLoughlin, Park Square barristers

This article compares reported cases of anorexia sufferers who are assessed as lacking capacity (under the test in s 2(1) Mental Capacity Act 2005) to make decisions about their care and treatment; and the experience of some suicidal patients who have reportedly been told that they have capacity to take their own lives. The article considers whether the test for capacity influences the decisions made by care providers to recommend and/or provide treatment, and whether the requirement for a diagnostic test results in paternalistic capacity determinations

The full article will be published in the June issue of Family Law



Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482






Read the full article here.